Korean diplomat due to face sexual assault charges working in Philippines
Andre Chumko18:51, Apr 03 2020
EMBASSY OF THE REPUBLIC OF KOREA TO THE PHILIPPINES
Diplomat Hongkon Kim faces charges of sexual assault in Wellington, but remains working overseas.
A Korean diplomat who is due to face sexual assault charges in New Zealand remains overseas.
Hongkon Kim had a warrant issued for his arrest by a Wellington District Court judge in late February.
He was due to face a judge-alone trial for three charges of indecent assault on a man over the age of 18.
Kim had pleaded not guilty to the charges.
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* Korean police could charge NZ official after immunity waived
The charges relate to alleged incidents involving a staffer at the South Korean embassy in Wellington, when Kim was in New Zealand and working for the embassy as counsellor.
Stuff understands that the judge was told in February that Kim had left the country.
A photo posted to the Embassy of the Republic of Korea for the Philippines' website on the same date a warrant for his arrest was issued in Wellington, appeared to show him with the Philippines' new police commissioner.
It's understood Kim remains in the Philippines, where he is now Consul-General at the Korean embassy there.
Kim departed New Zealand in February, 2018, and has remained in the Philippines ever since, it's understood.
When he was posted to New Zealand, his official title was counsellor at the South Korean embassy, which has its headquarters in Wellington.
A police spokeswoman said it was not able to respond to queries which sought to establish whether a specific individual is, or has been, subject to a police complaint or investigation.
Police were also unable to confirm whether any extradition attempt was under way.
A Ministry of Foreign Affairs and Trade spokeswoman said the ministry was aware of a police investigation concerning a diplomatic mission in Wellington.
"As this is a police matter we will not be making any comment."
The Embassy of the Republic of Korea has been asked for comment.
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Attempts to prosecute Korean diplomat for sexual assault stalled, as New Zealand can't seek extradition
Thomas Manch
Jul 29 2020
Prime Minister Jacinda Ardern says the Government will continue to advocate for South Korea to respect New Zealand law. South Korea has been unwilling to co-operate with New Zealand's attempts to charge a diplomat with indecent assault.
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Attempts to prosecute a Korean diplomat accused of sexual assault have entirely stalled, as it appears New Zealand is unable to seek his extradition.
Police charged diplomat Hongkon Kim with three counts of indecent assault in February, alleging he sexually assaulted a male Kiwi staffer at the South Korean embassy, before leaving New Zealand in early 2018.
New Zealand foreign affairs officials say they have strongly lobbied the Korean government to co-operate with the case, however it appears to have dropped off the agenda in recent discussions. Prime Minister Jacinda Ardern won’t commit to raising the matter with the Korean prime minister when they meet this week.
Stuff understands police have told the complainant that extradition of Kim would not be possible without the diplomat being found guilty, and the case cannot be progressed further until Kim returns to New Zealand.
Korean diplomat Hongkon Kim, who has been charged with three counts of indecent assault. But it appears New Zealand is unable to pursue the prosecution, as Kim won't return to New Zealand and the South Korean government has been unwilling to co-operate.
Kim is now a consul-general in the Philippines. He has rejected the allegations in Korean media, saying to one outlet: "If I'm not gay or a pervert, how can I sexually harass a white man who is stronger than me?”
Stuff understands, from a source close to the case, that Kim was twice investigated for the allegations prior to police becoming involved. After an initial investigation by the ambassador, Kim appears to have been sent back to Korea early.
The allegations were later investigated by Korea’s Ministry of Foreign Affairs and Kim’s pay was docked after a disciplinary hearing.
Stuff has attempted to contact Kim through the Korean Embassy in the Philippines. The Korean Embassy in Wellington has not yet responded to an interview request, or request for comment.
Ardern said she did not consider the attempt prosecute Kim had finished, and New Zealand officials would continue to advocate for Korea to co-operate in the case.
But she would not commit to raising the case with Korea’s president, Moon Jae-in, when they meet this week.
“I know that there is interest in that case, but as you will know from my general practice I don't always outline every single thing that I'm likely to raise,” she said.
“I believe that advocacy still needs to be undertaken in this case. But I'll give you a readout of the conversation, once I've had it. I don't like to pre-script everything that's raised.”
Ardern said any prospect of extradition was a matter for police.
Prime Minister Jacinda Ardern says New Zealand will continue to advocate for South Korean to co-operate with the prosecution of one of its diplomats.
Prime Minister Jacinda Ardern says New Zealand will continue to advocate for South Korean to co-operate with the prosecution of one of its diplomats.
“We can, as a government, continue to advocate for our law to be upheld,” Ardern said.
Foreign Minister Winston Peters spoke with the Korean foreign minister in April, but the official record of the call makes no mention of the charges against a Korean diplomat being discussed. Stuff understands Peters did not raise the matter during the call.
Similarly, the case did not appear to be discussed during a call between a leading Ministry of Foreign Affairs and Trade (MFAT) official and a Korean counterpart, according to an account published on the Korean Ministry of Foreign Affairs website.
Stuff has seen correspondence which shows Peters and MFAT officials suggesting the matter is considered “serious”, but both saying it was for police to further act.
Foreign Minister Winston Peters has been briefed on the alleged sexual assault by a Korean diplomat.
Foreign Minister Winston Peters has been briefed on the alleged sexual assault by a Korean diplomat.
Police declined to comment. Detective Sergeant Grant Carroll, who investigated the case, referred questions to the police media team.
A statement provided by the police media team said they would not respond to a questions on whether any person is being, or has been, investigated.
The statement also said New Zealand has no extradition treaty with the Philippines, and the country’s law prohibits extradition without a treaty in place. New Zealand does have an extradition treaty with South Korea.
A spokeswoman for Minister of Justice Andrew Little said the minister had not received any extradition request regarding the case.
A MFAT spokeswoman, in a statement, said the ministry was notified that police were investigating the diplomat in August 2019. Kim had left the country in February 2018, which the spokeswoman said meant he no longer had diplomatic immunity in New Zealand.
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THOMAS MANCH • POLITICAL REPORTER
thomas.manch@stuff.co.nz
MFAT sought waivers of immunity from both the Korean ambassador and the Korean government in September 2019, so police would investigate the allegations at the embassy. The request was declined.
“This was a disappointing decision,” the spokeswoman said. Both officials in New Zealand and the ambassador to South Korea, Philip Turner, had made “strong representation” about the matter to senior levels of the Korean government – “and they are well aware of our views”.
“This matter remains a police investigation and the ministry will make no further comment,” the statement read.
The Hongkon Kim case strongly resembles the conviction of Muhammad Rizalman bin Ismail, a Malaysian High Commission military attache, who in 2014 was sentenced to nine months home detention for indecent assault.
Rizalman had attacked victim Tania Billingsley at her Brooklyn home, but after being arrested he left New Zealand under the pretence of diplomatic immunity.
After a public outcry in New Zealand and Malaysia, Rizalman returned to New Zealand to face the charges.
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Diplomat's sexual harassment scandal growing into diplomatic issue
2020-07-29 17:11Updated : 2020-07-29 17:44
New Zealand's news service Newshub Nation reports on a Korean diplomat accused of sexually assaulting a local staff member in the embassy in 2017, Saturday. Newshub also stated that a New Zealand police investigation is at an impasse due to the Korean government's refusal to cooperate. / Captured from Newshub Nation
New Zealand's news service Newshub Nation reports on a Korean diplomat accused of sexually assaulting a local staff member in the embassy in 2017, Saturday. Newshub also stated that a New Zealand police investigation is at an impasse due to the Korean government's refusal to cooperate. / Captured from Newshub Nation
By Park Han-sol
A Korean diplomat's alleged sexual assault of an embassy staff member while posted in New Zealand in 2017 has emerged as a potential diplomatic issue after it was reportedly discussed in a phone call Tuesday between President Moon Jae-in and Prime Minister of New Zealand Jacinda Ardern ― a very rare occasion for such a topic to be discussed between the leaders of countries.
This is indicative of how seriously New Zealand is taking the issue, which Korea's foreign affairs ministry has attempted to smooth over with light disciplinary action taken against the diplomat. Concern is rising, however, that the issue may grow into a serious diplomatic incident if the government fails to co-operate with the investigation by New Zealand's law enforcement authorities.
Cheong Wa Dae said Tuesday evening that President Moon had discussed the sexual assault allegations during the conversation.
According to a presidential official, Wednesday, Ardern mentioned the case during their talks, and Moon answered that the relevant government organizations would check into the facts and deal with the matter. Cheong Wa Dae did not disclose any further details of the call.
Korea's former deputy ambassador to New Zealand, surnamed Kim, faces three separate charges of sexually assaulting a male staff member at the Korean embassy in Wellington in 2017. Each charge could land him a seven years jail sentence under New Zealand law.
Kim returned to Korea in February, 2018. After an internal investigation, during which he denied the allegations, the foreign ministry gave him a one-month pay cut, a penalty seen as far too light compared to the punishment he could face if he was tried in New Zealand. Soon after he was assigned as a consul general in the Korean Embassy to the Philippines, where he is still serving.
Despite his absence, the New Zealand police continued the investigation and a local court there issued an arrest warrant for him in late February this year.
But the investigation has hit an impasse due to the Korean government's lack of cooperation. According to a July 25 report by Newshub Nation, a New Zealand news service, the government here declined to cooperate with a request from New Zealand's Ministry of Foreign Affairs and Trade by "refusing to allow a scene examination, declining police access to CCTV, failing to release their investigation, and refusing to waive diplomatic immunity so staff could be interviewed by police."
Regarding the issue, the Korean foreign affairs ministry is seemingly taking an ambiguous stance, saying it was in talks with the New Zealand authorities.
"The foreign ministry would like to make it clear that it is not protecting an individual by citing diplomatic immunity," ministry spokesman Kim In-chul said in a press briefing, Tuesday.
As to the possibility of extradition, a ministry official said it depended on what the New Zealand police decide to do, and if such a request is submitted, a local court here will hear the case according to relevant international treaties and local laws.
But after the phone call between Moon and Ardern, the ministry said Wednesday it was discussing how to respond to the request for cooperation in the investigation.
The case marks yet another instance of sex offenses involving foreign ministry officials over the past few years despite the ministry's self-proclaimed zero-tolerance policy toward such crimes. Sex offenses have also been committed by Korean officials in a growing list of countries including the United States, Ethiopia, Pakistan and Cambodia.
"When diplomats commit misdeeds, it has been the custom within the ministry to simply conduct an internal investigation, impose disciplinary sanctions and then close the cases without any transparency," Choi Won-mok, a diplomat-turned-law professor at Ewha Womans University told The Korea Times.
"It's important for the ministry to be transparent from the initial stages, and it should implement an appropriate training system so that diplomats' actions correspond with the public's expectations," Choi said.
Diplomat's sexual harassment scandal growing into diplomatic issue
2020-07-29 17:11Updated : 2020-07-29 17:44
New Zealand's news service Newshub Nation reports on a Korean diplomat accused of sexually assaulting a local staff member in the embassy in 2017, Saturday. Newshub also stated that a New Zealand police investigation is at an impasse due to the Korean government's refusal to cooperate. / Captured from Newshub Nation
New Zealand's news service Newshub Nation reports on a Korean diplomat accused of sexually assaulting a local staff member in the embassy in 2017, Saturday. Newshub also stated that a New Zealand police investigation is at an impasse due to the Korean government's refusal to cooperate. / Captured from Newshub Nation
By Park Han-sol
A Korean diplomat's alleged sexual assault of an embassy staff member while posted in New Zealand in 2017 has emerged as a potential diplomatic issue after it was reportedly discussed in a phone call Tuesday between President Moon Jae-in and Prime Minister of New Zealand Jacinda Ardern ― a very rare occasion for such a topic to be discussed between the leaders of countries.
This is indicative of how seriously New Zealand is taking the issue, which Korea's foreign affairs ministry has attempted to smooth over with light disciplinary action taken against the diplomat. Concern is rising, however, that the issue may grow into a serious diplomatic incident if the government fails to co-operate with the investigation by New Zealand's law enforcement authorities.
Cheong Wa Dae said Tuesday evening that President Moon had discussed the sexual assault allegations during the conversation.
According to a presidential official, Wednesday, Ardern mentioned the case during their talks, and Moon answered that the relevant government organizations would check into the facts and deal with the matter. Cheong Wa Dae did not disclose any further details of the call.
Korea's former deputy ambassador to New Zealand, surnamed Kim, faces three separate charges of sexually assaulting a male staff member at the Korean embassy in Wellington in 2017. Each charge could land him a seven years jail sentence under New Zealand law.
Kim returned to Korea in February, 2018. After an internal investigation, during which he denied the allegations, the foreign ministry gave him a one-month pay cut, a penalty seen as far too light compared to the punishment he could face if he was tried in New Zealand. Soon after he was assigned as a consul general in the Korean Embassy to the Philippines, where he is still serving.
Despite his absence, the New Zealand police continued the investigation and a local court there issued an arrest warrant for him in late February this year.
But the investigation has hit an impasse due to the Korean government's lack of cooperation. According to a July 25 report by Newshub Nation, a New Zealand news service, the government here declined to cooperate with a request from New Zealand's Ministry of Foreign Affairs and Trade by "refusing to allow a scene examination, declining police access to CCTV, failing to release their investigation, and refusing to waive diplomatic immunity so staff could be interviewed by police."
Regarding the issue, the Korean foreign affairs ministry is seemingly taking an ambiguous stance, saying it was in talks with the New Zealand authorities.
"The foreign ministry would like to make it clear that it is not protecting an individual by citing diplomatic immunity," ministry spokesman Kim In-chul said in a press briefing, Tuesday.
As to the possibility of extradition, a ministry official said it depended on what the New Zealand police decide to do, and if such a request is submitted, a local court here will hear the case according to relevant international treaties and local laws.
But after the phone call between Moon and Ardern, the ministry said Wednesday it was discussing how to respond to the request for cooperation in the investigation.
The case marks yet another instance of sex offenses involving foreign ministry officials over the past few years despite the ministry's self-proclaimed zero-tolerance policy toward such crimes. Sex offenses have also been committed by Korean officials in a growing list of countries including the United States, Ethiopia, Pakistan and Cambodia.
"When diplomats commit misdeeds, it has been the custom within the ministry to simply conduct an internal investigation, impose disciplinary sanctions and then close the cases without any transparency," Choi Won-mok, a diplomat-turned-law professor at Ewha Womans University told The Korea Times.
"It's important for the ministry to be transparent from the initial stages, and it should implement an appropriate training system so that diplomats' actions correspond with the public's expectations," Choi said.
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